Bonum Certa Men Certa

FFII: EU 'Trade' Agreement an Attack on Free Software Developers



Summary: FFII identifies an attempt to inject dirty policy laundry using a treaty with Korea

THE Foundation for a Free Information Infrastructure (FFII) has just released a statement which can be summarised as follows.

The Foundation for a Free Information Infrastructure (FFII) perceives the free trade agreement of the EU with Korea as a massive competitive disadvantage to the EU and a danger to software developers, free software projects and small and mid-sized companies.


This seems like quite an urgent matter and the full press release is appended below.




FFII calls to remove IP chapter from EU-Korea free trade agreement



Brussels, 10 January 2010 -- The Foundation for a Free Information Infrastructure (FFII) calls upon the EU Parliament and member states to remove the intellectual property rights chapter from the EU - Korea Free Trade Agreement. According to the FFII analysis, the free trade agreement is a threat to software companies, companies that use software, and free software projects; this undermines innovation, competitiveness and legal certainty.

In October 2009, after more than two years of secret negotiations, the EU and the Republic of Korea initialed their free trade agreement. The agreement awaits ratification by the EU Parliament and member states.

The free trade agreement contains strong measures against patent infringements. It provides injunctions, high damages, seizures, destruction of production materials and removal of online software repositories. A suspicion may be enough for seizures and injunctions. An allegation may be enough to freeze assets.



“A suspicion may be enough for seizures and injunctions. An allegation may be enough to freeze assets.”FFII analyst Ante Wessels comments: "These strong measures may be justified against hard core counterfeiters. They are not justified against software developers. Software patents are so broad in scope, doubtful in validity, and so numerous that unintentional infringement is unavoidable in the normal course of business. Therefore, competitors and patent trolls can always find a stick to hit software companies, companies that use software and free software projects. The whole sector is at risk."

The free trade agreement also contains border measures against patent infringements. Ante Wessels: "With the numerous software patents out there, all software products and all products containing software may infringe patents. An allegation is enough to have them seized at the border. Then they stay seized until a civil court case made clear whether a patent was infringed or not. This gives competitors and patent trolls enormous power - how many small and medium enterprises, and free software projects, have the money to defend against this? It is the contrary of stimulating free trade."

The free trade agreement is based on existing EU legislation. "Exporting EU-style enforcement legislation to foreign trading partners is an (un)official goal of EU policy", professor Annette Kur, Max Planck Institute Munich, remarked in a presentation in December. She added: "If and where legislation is (partly) flawed, export is no recommendable option."

The severe consequences of flawed enforcement legislation were on display in the recent EU seizures of life saving medicine meant for developing countries. After these seizures became known, the Dutch Minister for Developmental Aid, Bert Koenders, said that he wants to change the EU rules on the enforcement of intellectual property rights, and that he would even like to violate these rules.

Ante Wessels comments: "The seizures of life saving medicine and the treatment of software developers as hard core counterfeiters are two consequences of flawed EU legislation. Europe should be well aware that if we export this flawed legislation, the agreement will be binding. We will not be able to repair our own legislation anymore."



Contact



Ante Wessels
+ 31 6 100 99 063
ante@ffii.org
(Dutch/English)

Benjamin Henrion
FFII Brussels
+32-2-414 84 03


+32-484-566109
bhenrion@ffii.org
(French/English)

About the FFII

The FFII is a not-for-profit association active in over fifty countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, and open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights in data processing.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market